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PROVIDENCE HOSP. OF TOPPENISH v. SHALALA

No. 94-35031.

52 F.3d 213 (1995)

PROVIDENCE HOSPITAL OF TOPPENISH; Providence Hospital of Anchorage; Providence Hospital, Rehabilitation Unit of Anchorage; Providence Hospital of Everett; Providence Hospital of Everett, Rehabilitation Unit, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1995.

Attorney(s) appearing for the Case

Robert E. Mazer, Ober, Kaler, Grimes & Shriver, Baltimore, MD, for plaintiffs-appellants.

Esther R. Scherb and Thomas W. Coons, Office of Gen. Counsel, Dept. of Health and Human Services, Baltimore, MD, for defendant-appellee.

Before ALARCON and BRUNETTI, Circuit Judges, and KELLEHER.

KELLEHER, District Judge:

Sisters of Providence hospitals (providers) appeal from the district court's summary judgment order affirming the determination of the Secretary of Health and Human Services (Secretary) disallowing the use of a "blended" interest rate for purposes of Medicare reimbursement.

Under the Medicare Act, 42 U.S.C. § 1395 et seq., hospitals are reimbursed for interest costs that are "actual" and "necessary." See 42 U.S...

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